HOWELL, Mich. - The Michigan Court of Appeals will hear oral
arguments Jan. 5, 2010, in a case
involving the public release of teacher union e-mail messages, according to
radio station WHMI-FM.

Copies of the e-mails originally were sought by Oakland
County resident Chetly Zarko, who alleged that members of the Howell Education
Association used Howell Public Schools computers to lobby the public and the
school board about teacher employment benefits, the station reported. He requested
copies under the Michigan Freedom of Information Act.

The Livingston County Circuit Court ruled in November 2008
that the e-mails could be released, but the Howell Education Association
appealed, according to WHMI-FM. Former HEA President Doug Norton said at the
time that the union had a "recognized right" to use the district e-mail server
for union business, the station reported.

The Mackinac Center for Public Policy filed a "friend of the
court" brief in the case, stating that documents created by public officials
using public computer systems are public records and should be treated as such
under the state's FOIA. The Mackinac Center publishes Michigan Education
Digest.